Throughout the course of your life, you may find yourself involved with the legal system. Perhaps you were in a car accident, are engaged in a business dispute, or decided to file for divorce. Given the cost and time-consuming nature of litigation, you may have found yourself searching for an alternative. Just see the Cleveland mediation attorney for your need.
One option for resolving cases without going to trial is mediation. In this process, both parties sit down with a neutral third party — the mediator — to try to reach a settlement. Mediation can be particularly helpful in divorce cases, as it allows each party to put aside their hostility and work together for the good of their family.
The prospect of mediation may seem daunting. A Cleveland mediation attorney can help you, advocating for you throughout the process and working to protect your interests.
What Is Mediation?
Under Ohio’s Uniform Mediation Act, mediation is a process in which a mediator facilitates communication and negotiation between parties to help them achieve a voluntary agreement about a legal dispute. The mediator is a neutral third party who conducts the mediation.
A mediator offers a forum that allows each party (and their attorneys) to discuss their dispute and any issues that may be related. During mediation, all parties may be in the same room, or in separate rooms, with the mediator going back and forth between rooms. Throughout the process, each party’s lawyer will advise their respective clients about the law and their options based on the law.
The mediator’s role is to facilitate communication and help the parties achieve an agreement. They do not act as a judge or make any decisions in the case. If an agreement cannot be reached, then matter will move to the next step in the process, such as litigation.
Ohio law protects the communications that occur during mediation from being disclosed in the court process (with some exceptions for things like threats of harm or disclosure of a crime). However, unless the parties enter into a confidentiality agreement at the outset of mediation, the communications can be disclosed in other settings.
Benefits of Mediation
Mediation gives parties involved in a legal dispute more control over the outcome of the case. Rather than letting a judge or jury make a decision about how a case is resolved, with mediation, the two parties can come together to identify potential solutions and even include issues that may not have been included in the case.
An agreement that was reached through mediation is more likely to meet your needs than an order imposed by a court. Because the setting is more relaxed, each party may be more willing to work together to reach a solution. Mediation also eliminates the risk of losing in court or getting a judgment that is not what you wanted.
Mediation is also more cost-effective than litigation, with mediators typically charging a fee that is far less ($100 to $300 per hour) than what you may pay if your case went to trial. In some situations, the court will provide mediation services at no charge to the parties. Finally, mediation can be more efficient than the litigation process, where taking a case to trial can take months or even years.
How Can Mediation Be Used in Family Law Cases?
In Ohio, mediation is commonly used in divorce cases. Divorce mediation can be used for all issues in a divorce, including parenting schedules, child support, parent responsibilities, spousal support, property division, and other financial matters. However, if the mediation occurs through the court, then you may be limited to mediating issues related to parenting.
For example, the Cuyahoga County Domestic Relations Court offers certified mediators for individuals. These mediators will work with the parties on issues related to parental rights and responsibilities and children’s living arrangements and schedules, but will not address financial matters. An individual may request mediation, or the court may refer the parties for mediation at various points in the divorce process.
There may be additional benefits to divorce mediation beyond the typical advantages of this process. This is particularly true when child custody is at stake in the divorce.
Mediation can allow each party to avoid the stress and hostility that is often associated with going to trial to get a divorce. Children often benefit from this more collaborative, positive experience. When kids are already adjusting to a number of changes in their lives due to divorce, having their parents work together to come to an agreement that benefits them can be incredibly helpful.
If domestic violence has been an issue in your marriage, the mediator can take potential safety issues into account as part of the process. The mediator can take steps to protect you, such as having each party in a separate room or conducting the mediation over the phone. Importantly, issues related to domestic violence cannot be mediated.
Turn to Experienced Cleveland Mediation Attorneys for Help
Divorce can be an emotionally-draining process and is often expensive and time-consuming. Mediation can help to reduce the stress and costs of a divorce by allowing the parties to work together to reach an agreement, with the help of a neutral third party. A Cleveland mediation attorney can help.
Laubacher & Co. represents individuals and families throughout the greater Cleveland area with a range of family law issues, including divorce. Our team of legal professionals is highly skilled at resolving divorces through mediation, with the understanding that this process is often highly beneficial to our clients. To learn more or to schedule a free initial consultation, contact us today at 440-356-5700 or reach out online.
If you have ever been involved in a child custody dispute, you likely know firsthand how challenging these cases can be. The stakes couldn’t be higher, as the heart of the matter involves your ability to spend time with your children. While the goal of every child custody case should be the parents (or other parties) working together for the best interests of their children, it isn’t surprising that in some cases, the parents are simply unable to agree on the most basic things.
In these situations, a court may order parenting coordination. This involves appointing a specially trained neutral third party (a parenting coordinator) to help parents resolve disputes. Parenting coordination is often ordered in cases where there is a high level of conflict, or where the parties or children have particular needs.
If you are involved in a family law matter that involves children, a Cleveland child custody attorney can work with you to help you resolve the case favorably. By analyzing the facts of your case against Ohio law, your lawyer can propose solutions that protect your rights — and are in the best interests of your kid(s).
What Is Parenting Coordination?
In 2014, the Ohio Supreme Court adopted rules for parenting coordination. This relatively new practice in family law allows a neutral third party — the parenting coordinator — to assist parties who are engaged in a child custody dispute. The parenting coordinator helps parties with issues that may arise and makes sure that the terms of their parenting plan or companionship time orders are followed.
According to the Superintendence of Courts Rule 90(C), parenting coordination is “…a child-focused dispute resolution process…to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making.” While the parties involved in a legal dispute over custody or companionship time are often the child(ren)’s parents, the term “parties” can include other individuals, such as grandparents. A parenting coordinator is ordered by a court in cases where this service is necessary.
Parenting coordination is not mediation, but it is a form of alternative dispute resolution. In other words, using a parenting coordinator can help to resolve problems without the parties going to court. When the parties can’t agree on an issue, a parenting coordinator may “break the tie” and be the final decision-maker, which can help the parties avoid expensive, stressful, and time-consuming trips to court.
The goal of parenting coordination is to reduce hostility between parties and to settle disputes so that the impact of these disputes on the kid(s) is minimized. Legal battles can be particularly hard on children, especially when their parents are angry about what is happening. With a parenting coordinator, problems can be handled more efficiently and with less stress and pressure on the child(ren).
Parenting coordinators cannot make certain decisions in custody and companionship time cases. Specifically, a parenting coordinator cannot decide:
Whether to grant, modify, or terminate a protection order;
The terms and conditions of a protection order;
The penalty for violation of a protection order;
Changes in the designation of the primary residential parent or legal guardian;
Changes in the primary placement of a child.
Instead, the parenting coordinator’s role is to assist in implementing a parental rights and responsibilities or companionship time order.
When parenting coordination is ordered, the parties are required to meet with the parenting coordinator within 30 days of the appointment order. From there, the parties must meet at sessions that are set up by the coordinator. Importantly, communications at these sessions and with the parent coordinator are not confidential.
Who Can Be a Parenting Coordinator?
Parenting coordinators are highly qualified professionals who serve as agents of the court. In some cases, the coordinator is required to report back to the court about the case. To become a parenting coordinator, an individual must meet the following criteria:
A master’s degree or higher, law degree, or education and experience satisfactory to the court or division;
A minimum of two years of professional experience in situations involving children (parenting coordination, counseling, casework, legal representation in family law matters, serving as a guardian ad litem or mediator, or similar experience satisfactory to the court or division); and
Completed of at least:
12 hours of mediation training;
40 hours of specialized family or divorce mediation training;
14 hours of specialized training in domestic abuse and mediation; and
12 hours of specialized training in parenting coordination.
Parenting coordinators must also complete at least three hours of continuing education courses each year. In cases that involve abuse, neglect, or dependency, the coordinator must meet additional qualifications, including specialized child protection mediation training. These requirements, set forth by the Ohio Supreme Court, ensure that a person serving in this role can effectively assist the parties as they navigate custody and parenting issues.
In most cases, both parties share the cost of a parenting coordinator. The cost of a coordinator is $250.00 per hour in Cuyahoga County, unless otherwise agreed. However, the court has the discretion to order that one party pay for a great part or all of the parenting coordination services. This decision is usually based on the income and assets of each party.
When Is Parenting Coordination Recommended?
Parenting coordination is typically used in cases that involve a high level of conflict. Importantly, the definition of parenting coordination does not include the term “high conflict.” This was done purposefully, as there is no uniform definition of “high conflict,” the label “high conflict” may be viewed negatively, and to allow judges more discretion in ordering parenting coordination.
Parenting coordination may be ordered in cases where there are many disagreements between the parties about child custody, companionship time (visitation), and other issues. In addition, a court may order parenting coordination when:
There is a history of extreme or ongoing parental conflict that has been unresolved by previous litigation or other interventions and from which a child of the parties is adversely affected;
The parties have a child whose parenting time schedule requires frequent adjustments, specified in an order of the court or division, to maintain age-appropriate contact with both parties, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the court or division;
The parties have a child with a medical or psychological condition or disability that requires frequent decisions regarding treatment or frequent adjustments in the parenting time schedule, specified in an order of the court or division, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the court or division;
One or both parties suffer from a medical or psychological condition or disability that results in an inability to reach agreements on or make adjustments in their parenting time schedule without assistance, even when minor in nature;
Any other factor as determined by the court or division.
Under Rule 90.04, courts should proceed with caution before ordering parenting coordination in cases that involve domestic violence. It may still be a possibility, but only if the alleged victim is fully informed about the process, and is given the option of having a support person present at sessions. Safety measures must be put in place so that the victim and others involved are protected. In addition, the coordinator should have the authority to end a session if abuse, threats, or coercion become an issue.
Contentious Custody Case? We Can Help.
Family law disputes involving children can be particularly challenging. Emotions often run high, as each party involved may be reluctant to give up even an hour of time with their children. Parenting coordination may be a way for the parties to settle disagreements without the time and expense of taking each issue to court.
At Laubacher & Co., our firm motto is “protecting you and your children’s future.” We are dedicated to advocating for our clients in Ohio family law matters, keeping the best interests of the children at the forefront of our minds. Contact us today at 440-356-5700 or email us at any time for a free consultation with a Cleveland child custody attorney.
Shortly after governors across the country began issuing stay-at-home orders, the jokes began — how will my marriage survive being with my spouse 24/7? For some people, these weren’t just jokes. The pandemic may have revealed difficulties that were always present in a relationship, or even caused new fissures.
Whether you have been considering divorce for quite some time or have just now made the decision, you can still file for divorce in Ohio during the pandemic. There are some unique issues that may arise while we are also social distancing — such as the need to hold court hearings electronically. In addition, some factors in a typical divorce may be made more complex, such as the division of assets due to the economic realities of the current situation.
If you are ready to file for divorce, a Cleveland divorce lawyer can help. Starting with a free phone or video consultation, your attorney can guide you through the process.
How the Pandemic Is Affecting Relationships
As coronavirus has spread across the globe, its impact on marriages has been significant. Forced to spend more time together than they may have spent in years, many couples have found that their relationship wasn’t as healthy or strong as they originally thought. In some cases, quarantines exposed difficulties that already existed in a relationship.
In China, the divorce rate began to rise as soon as quarantine orders lifted in March. Cities throughout China have reported record numbers of divorce filings, with couples lined up to submit their filings.
In the United States, experts predict a similar spike in divorces — both during the pandemic and in its aftermath. Couples who are home together 24 hours a day, 7 days a week may come to realize that their relationship simply doesn’t work. Many divorce lawyers are reporting a significant increase in the number of consultations that they are doing during this time.
Can You Still File for Divorce in Ohio?
Despite the stay-at-home order in place in Ohio, you can still file for divorce at this time. Although courts throughout the state have implemented safety procedures, they remain open for new filings. Whether you have already filed for divorce or want to start a new filing, you will be able to move forward with your divorce.
The Ohio Supreme Court has recommended that all local courts minimize physical appearances at court, which may include taking steps such as holding hearings over videoconferencing. In Cuyahoga County, the courts are open for in-person filings, but are encouraging individuals to use the e-filing system when possible. The domestic relations court is limiting face-to-face business to essential matters, with an order to use technology when possible for non-essential matters.
In essence, this means that you can still start a divorce, ideally using the online filing system. In most cases, any court hearings in your case will be held electronically. If you have a contested trial set for April or May, the judge may continue that trial to a later date. Your case may take longer than it otherwise would because of issues related to coronavirus, but you can still file for and obtain a divorce at this time.
Under Ohio’s order, legal services are considered essential. While many law firms are working remotely, you can still schedule a video conference or telephone call with a member of our team. You may also choose to start gathering necessary documentation (such as financial statements) while you are staying at home.
How Does Coronavirus Impact Common Issues in Divorce Cases?
Divorce can be complicated. Even when both spouses agree to the divorce, issues regarding property division, child custody and support, and alimony may still rise. The COVID-19 pandemic may add an extra layer of complexity.
In most divorces, finances play a major role, both in terms of property division and the payment of spousal support. With the stock market in a free fall, the value of assets such as retirement and investment accounts may have significantly decreased. As a result, the way that this type of property is divided may be different than it would be if their value remained steady or increased.
Along the same lines, the value of a small business or even a family home may have dropped significantly as a result of the pandemic. This can complicate the division of assets and may make it incredibly difficult to sell a home or a business right now.
Similarly, millions of Americans are currently unemployed or are facing reduced hours due to the pandemic. This may impact calculations for child support and/or spousal support. It some cases, financial realities may make it difficult to even contemplate getting a divorce.
If you are contemplating divorce at this time, consult with a lawyer about how a potential recession or depression will affect your case. Your attorney can craft the best possible settlement for you, taking into consideration taxes and other factors. A lawyer can also review spousal and child support obligations in light of changed financial circumstances.
Beyond financial issues, the coronavirus can also make decisions on custody and parenting time difficult. For example, if one parent is considered an essential worker, while the other parent can work from home, the second parent may argue that the kids are safer with them. Even if both parents are at home, one parent may be more strict than the other about social distancing — which may cause friction when it comes to figuring out when and how the kids will go between houses.
School closures can also present challenges, as custody and companionship time is often determined in part based on when the kids are in school. In addition, trying to figure out how to handle virtual learning between two households can be challenging. A skilled Cleveland divorce lawyer can help you put together a schedule that works for both parents — and that is in the best interests of the kids.
Considering Divorce? Reach Out Today.
Being stuck at home with your spouse may have made you realize that your marriage just isn’t working. It is still possible to file for divorce during this pandemic, although the issues involved may be more complex. A Cleveland divorce lawyer can advocate for you throughout the process.
Based in Cleveland, Laubacher & Co. represents clients throughout the region in a range of family law matters. With decades of combined experience, we are well-suited to handle even the most challenging divorce or family law case. To schedule a free consultation, contact us today at 440-356-5700 or email us at any time.
COVID 19: Laubacher & Co. is open for business and providing the same high-quality legal services to our clients. We are working remotely, so please contact us to schedule your virtual consultation or appointment. You can read more about our current operations here. Our focus remains on providing our clients which the high-quality services they need.
Cleveland Mediation Attorneys
/in Mediation /by Eric LaubacherThroughout the course of your life, you may find yourself involved with the legal system. Perhaps you were in a car accident, are engaged in a business dispute, or decided to file for divorce. Given the cost and time-consuming nature of litigation, you may have found yourself searching for an alternative. Just see the Cleveland mediation attorney for your need.
One option for resolving cases without going to trial is mediation. In this process, both parties sit down with a neutral third party — the mediator — to try to reach a settlement. Mediation can be particularly helpful in divorce cases, as it allows each party to put aside their hostility and work together for the good of their family.
The prospect of mediation may seem daunting. A Cleveland mediation attorney can help you, advocating for you throughout the process and working to protect your interests.
What Is Mediation?
Under Ohio’s Uniform Mediation Act, mediation is a process in which a mediator facilitates communication and negotiation between parties to help them achieve a voluntary agreement about a legal dispute. The mediator is a neutral third party who conducts the mediation.
A mediator offers a forum that allows each party (and their attorneys) to discuss their dispute and any issues that may be related. During mediation, all parties may be in the same room, or in separate rooms, with the mediator going back and forth between rooms. Throughout the process, each party’s lawyer will advise their respective clients about the law and their options based on the law.
The mediator’s role is to facilitate communication and help the parties achieve an agreement. They do not act as a judge or make any decisions in the case. If an agreement cannot be reached, then matter will move to the next step in the process, such as litigation.
Ohio law protects the communications that occur during mediation from being disclosed in the court process (with some exceptions for things like threats of harm or disclosure of a crime). However, unless the parties enter into a confidentiality agreement at the outset of mediation, the communications can be disclosed in other settings.
Benefits of Mediation
Mediation gives parties involved in a legal dispute more control over the outcome of the case. Rather than letting a judge or jury make a decision about how a case is resolved, with mediation, the two parties can come together to identify potential solutions and even include issues that may not have been included in the case.
An agreement that was reached through mediation is more likely to meet your needs than an order imposed by a court. Because the setting is more relaxed, each party may be more willing to work together to reach a solution. Mediation also eliminates the risk of losing in court or getting a judgment that is not what you wanted.
Mediation is also more cost-effective than litigation, with mediators typically charging a fee that is far less ($100 to $300 per hour) than what you may pay if your case went to trial. In some situations, the court will provide mediation services at no charge to the parties. Finally, mediation can be more efficient than the litigation process, where taking a case to trial can take months or even years.
How Can Mediation Be Used in Family Law Cases?
In Ohio, mediation is commonly used in divorce cases. Divorce mediation can be used for all issues in a divorce, including parenting schedules, child support, parent responsibilities, spousal support, property division, and other financial matters. However, if the mediation occurs through the court, then you may be limited to mediating issues related to parenting.
For example, the Cuyahoga County Domestic Relations Court offers certified mediators for individuals. These mediators will work with the parties on issues related to parental rights and responsibilities and children’s living arrangements and schedules, but will not address financial matters. An individual may request mediation, or the court may refer the parties for mediation at various points in the divorce process.
There may be additional benefits to divorce mediation beyond the typical advantages of this process. This is particularly true when child custody is at stake in the divorce.
Mediation can allow each party to avoid the stress and hostility that is often associated with going to trial to get a divorce. Children often benefit from this more collaborative, positive experience. When kids are already adjusting to a number of changes in their lives due to divorce, having their parents work together to come to an agreement that benefits them can be incredibly helpful.
If domestic violence has been an issue in your marriage, the mediator can take potential safety issues into account as part of the process. The mediator can take steps to protect you, such as having each party in a separate room or conducting the mediation over the phone. Importantly, issues related to domestic violence cannot be mediated.
Turn to Experienced Cleveland Mediation Attorneys for Help
Divorce can be an emotionally-draining process and is often expensive and time-consuming. Mediation can help to reduce the stress and costs of a divorce by allowing the parties to work together to reach an agreement, with the help of a neutral third party. A Cleveland mediation attorney can help.
Laubacher & Co. represents individuals and families throughout the greater Cleveland area with a range of family law issues, including divorce. Our team of legal professionals is highly skilled at resolving divorces through mediation, with the understanding that this process is often highly beneficial to our clients. To learn more or to schedule a free initial consultation, contact us today at 440-356-5700 or reach out online.
The Court Ordered Parenting Coordination. Now What?
/in Child Custody /by Eric LaubacherIf you have ever been involved in a child custody dispute, you likely know firsthand how challenging these cases can be. The stakes couldn’t be higher, as the heart of the matter involves your ability to spend time with your children. While the goal of every child custody case should be the parents (or other parties) working together for the best interests of their children, it isn’t surprising that in some cases, the parents are simply unable to agree on the most basic things.
In these situations, a court may order parenting coordination. This involves appointing a specially trained neutral third party (a parenting coordinator) to help parents resolve disputes. Parenting coordination is often ordered in cases where there is a high level of conflict, or where the parties or children have particular needs.
If you are involved in a family law matter that involves children, a Cleveland child custody attorney can work with you to help you resolve the case favorably. By analyzing the facts of your case against Ohio law, your lawyer can propose solutions that protect your rights — and are in the best interests of your kid(s).
What Is Parenting Coordination?
In 2014, the Ohio Supreme Court adopted rules for parenting coordination. This relatively new practice in family law allows a neutral third party — the parenting coordinator — to assist parties who are engaged in a child custody dispute. The parenting coordinator helps parties with issues that may arise and makes sure that the terms of their parenting plan or companionship time orders are followed.
According to the Superintendence of Courts Rule 90(C), parenting coordination is “…a child-focused dispute resolution process…to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making.” While the parties involved in a legal dispute over custody or companionship time are often the child(ren)’s parents, the term “parties” can include other individuals, such as grandparents. A parenting coordinator is ordered by a court in cases where this service is necessary.
Parenting coordination is not mediation, but it is a form of alternative dispute resolution. In other words, using a parenting coordinator can help to resolve problems without the parties going to court. When the parties can’t agree on an issue, a parenting coordinator may “break the tie” and be the final decision-maker, which can help the parties avoid expensive, stressful, and time-consuming trips to court.
The goal of parenting coordination is to reduce hostility between parties and to settle disputes so that the impact of these disputes on the kid(s) is minimized. Legal battles can be particularly hard on children, especially when their parents are angry about what is happening. With a parenting coordinator, problems can be handled more efficiently and with less stress and pressure on the child(ren).
Parenting coordinators cannot make certain decisions in custody and companionship time cases. Specifically, a parenting coordinator cannot decide:
Instead, the parenting coordinator’s role is to assist in implementing a parental rights and responsibilities or companionship time order.
When parenting coordination is ordered, the parties are required to meet with the parenting coordinator within 30 days of the appointment order. From there, the parties must meet at sessions that are set up by the coordinator. Importantly, communications at these sessions and with the parent coordinator are not confidential.
Who Can Be a Parenting Coordinator?
Parenting coordinators are highly qualified professionals who serve as agents of the court. In some cases, the coordinator is required to report back to the court about the case. To become a parenting coordinator, an individual must meet the following criteria:
Parenting coordinators must also complete at least three hours of continuing education courses each year. In cases that involve abuse, neglect, or dependency, the coordinator must meet additional qualifications, including specialized child protection mediation training. These requirements, set forth by the Ohio Supreme Court, ensure that a person serving in this role can effectively assist the parties as they navigate custody and parenting issues.
In most cases, both parties share the cost of a parenting coordinator. The cost of a coordinator is $250.00 per hour in Cuyahoga County, unless otherwise agreed. However, the court has the discretion to order that one party pay for a great part or all of the parenting coordination services. This decision is usually based on the income and assets of each party.
When Is Parenting Coordination Recommended?
Parenting coordination is typically used in cases that involve a high level of conflict. Importantly, the definition of parenting coordination does not include the term “high conflict.” This was done purposefully, as there is no uniform definition of “high conflict,” the label “high conflict” may be viewed negatively, and to allow judges more discretion in ordering parenting coordination.
Parenting coordination may be ordered in cases where there are many disagreements between the parties about child custody, companionship time (visitation), and other issues. In addition, a court may order parenting coordination when:
Under Rule 90.04, courts should proceed with caution before ordering parenting coordination in cases that involve domestic violence. It may still be a possibility, but only if the alleged victim is fully informed about the process, and is given the option of having a support person present at sessions. Safety measures must be put in place so that the victim and others involved are protected. In addition, the coordinator should have the authority to end a session if abuse, threats, or coercion become an issue.
Contentious Custody Case? We Can Help.
Family law disputes involving children can be particularly challenging. Emotions often run high, as each party involved may be reluctant to give up even an hour of time with their children. Parenting coordination may be a way for the parties to settle disagreements without the time and expense of taking each issue to court.
At Laubacher & Co., our firm motto is “protecting you and your children’s future.” We are dedicated to advocating for our clients in Ohio family law matters, keeping the best interests of the children at the forefront of our minds. Contact us today at 440-356-5700 or email us at any time for a free consultation with a Cleveland child custody attorney.
Divorce in the Time of Coronavirus
/in Divorce /by Eric LaubacherShortly after governors across the country began issuing stay-at-home orders, the jokes began — how will my marriage survive being with my spouse 24/7? For some people, these weren’t just jokes. The pandemic may have revealed difficulties that were always present in a relationship, or even caused new fissures.
Whether you have been considering divorce for quite some time or have just now made the decision, you can still file for divorce in Ohio during the pandemic. There are some unique issues that may arise while we are also social distancing — such as the need to hold court hearings electronically. In addition, some factors in a typical divorce may be made more complex, such as the division of assets due to the economic realities of the current situation.
If you are ready to file for divorce, a Cleveland divorce lawyer can help. Starting with a free phone or video consultation, your attorney can guide you through the process.
How the Pandemic Is Affecting Relationships
As coronavirus has spread across the globe, its impact on marriages has been significant. Forced to spend more time together than they may have spent in years, many couples have found that their relationship wasn’t as healthy or strong as they originally thought. In some cases, quarantines exposed difficulties that already existed in a relationship.
In China, the divorce rate began to rise as soon as quarantine orders lifted in March. Cities throughout China have reported record numbers of divorce filings, with couples lined up to submit their filings.
In the United States, experts predict a similar spike in divorces — both during the pandemic and in its aftermath. Couples who are home together 24 hours a day, 7 days a week may come to realize that their relationship simply doesn’t work. Many divorce lawyers are reporting a significant increase in the number of consultations that they are doing during this time.
Can You Still File for Divorce in Ohio?
Despite the stay-at-home order in place in Ohio, you can still file for divorce at this time. Although courts throughout the state have implemented safety procedures, they remain open for new filings. Whether you have already filed for divorce or want to start a new filing, you will be able to move forward with your divorce.
The Ohio Supreme Court has recommended that all local courts minimize physical appearances at court, which may include taking steps such as holding hearings over videoconferencing. In Cuyahoga County, the courts are open for in-person filings, but are encouraging individuals to use the e-filing system when possible. The domestic relations court is limiting face-to-face business to essential matters, with an order to use technology when possible for non-essential matters.
In essence, this means that you can still start a divorce, ideally using the online filing system. In most cases, any court hearings in your case will be held electronically. If you have a contested trial set for April or May, the judge may continue that trial to a later date. Your case may take longer than it otherwise would because of issues related to coronavirus, but you can still file for and obtain a divorce at this time.
Under Ohio’s order, legal services are considered essential. While many law firms are working remotely, you can still schedule a video conference or telephone call with a member of our team. You may also choose to start gathering necessary documentation (such as financial statements) while you are staying at home.
How Does Coronavirus Impact Common Issues in Divorce Cases?
Divorce can be complicated. Even when both spouses agree to the divorce, issues regarding property division, child custody and support, and alimony may still rise. The COVID-19 pandemic may add an extra layer of complexity.
In most divorces, finances play a major role, both in terms of property division and the payment of spousal support. With the stock market in a free fall, the value of assets such as retirement and investment accounts may have significantly decreased. As a result, the way that this type of property is divided may be different than it would be if their value remained steady or increased.
Along the same lines, the value of a small business or even a family home may have dropped significantly as a result of the pandemic. This can complicate the division of assets and may make it incredibly difficult to sell a home or a business right now.
Similarly, millions of Americans are currently unemployed or are facing reduced hours due to the pandemic. This may impact calculations for child support and/or spousal support. It some cases, financial realities may make it difficult to even contemplate getting a divorce.
If you are contemplating divorce at this time, consult with a lawyer about how a potential recession or depression will affect your case. Your attorney can craft the best possible settlement for you, taking into consideration taxes and other factors. A lawyer can also review spousal and child support obligations in light of changed financial circumstances.
Beyond financial issues, the coronavirus can also make decisions on custody and parenting time difficult. For example, if one parent is considered an essential worker, while the other parent can work from home, the second parent may argue that the kids are safer with them. Even if both parents are at home, one parent may be more strict than the other about social distancing — which may cause friction when it comes to figuring out when and how the kids will go between houses.
School closures can also present challenges, as custody and companionship time is often determined in part based on when the kids are in school. In addition, trying to figure out how to handle virtual learning between two households can be challenging. A skilled Cleveland divorce lawyer can help you put together a schedule that works for both parents — and that is in the best interests of the kids.
Considering Divorce? Reach Out Today.
Being stuck at home with your spouse may have made you realize that your marriage just isn’t working. It is still possible to file for divorce during this pandemic, although the issues involved may be more complex. A Cleveland divorce lawyer can advocate for you throughout the process.
Based in Cleveland, Laubacher & Co. represents clients throughout the region in a range of family law matters. With decades of combined experience, we are well-suited to handle even the most challenging divorce or family law case. To schedule a free consultation, contact us today at 440-356-5700 or email us at any time.